Q&As

In a clinical negligence claim, can an insurer seek to argue that given the death of the defendant (a GP who was insured at the time) that damages are limited to the assets of the estate?

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Produced in partnership with David Green of 12 King's Bench Walk

Published on LexisPSL on 10/06/2020

The following PI & Clinical Negligence Q&A produced in partnership with David Green of 12 King's Bench Walk provides comprehensive and up to date legal information covering:

In a clinical negligence claim, can an insurer seek to argue that given the death of the defendant (a GP who was insured at the time) that damages are limited to the assets of the estate?

In a clinical negligence claim, can an insurer seek to argue that given the death of the defendant (a GP who was insured at the time) that damages are limited to the assets of the estate?

In general terms a policy of insurance is itself property: it vests in the personal representatives of the policyholder upon their death (Doe d Pitt v Laming).

Therefore, unless there is some provision in the policy itself concerning the death of the insured, or unless some other condition of the policy has not been complied with, the policy is not void and the insurer is still on risk in respect of

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